Paper 3 US · Sample · 12 marks
Examine the ways in which the US and the UK Constitutions are similar.
Constitution / Federalism
Mark scheme: agreement
AO1: AO1 Federalism in the USA ensures states’ rights, for example Amendment X. Devolution in the UK has given considerable power to countries within the Union, for example Scotland and tax
AO2: AO2 Both Constitutions have some dispersal of power from the central government to more local levels of politics, which allow regions to decide on issues that affect them directly, rather than directives from central government
AO1: The USA has strict separation of powers between Congress, President and Supreme Court, for example Obama resigning as a Senator to take on the presidency. The UK has increasing separation of powers in recent years, for example the formation of the Supreme Court in 2005 both Constitutions have some level of separation of powers of the three branches of government, executive, legislative and judiciary, which allows for greater checks and balances across branches of government
AO2: The USA’s Constitution is written in 7,000 words in one document. The UK is written across a range of sources such as
AO1: Statute Law, for example the Constitutional Reform Act both Constitutions are largely written down and therefore accessible to lawmakers and the courts, providing some level of clarity over the operation and powers of government and citizens’ rights
AO2: The US protects rights through the Bill of Rights and the role of the Supreme Court, for example the case of Obergefell vs
AO1: Hodges. The UK protects rights through statute law, for example the Human Rights Act, and membership of the Council of
AO2: Europe both Constitutions have a level of protection of the civil rights of citizens of their country and both are judiciable by courts in order to ensure these rights are upheld
AO1: The USA’s Constitution can be amended through the Article 5 amendment process or the Supreme Court’s interpretive amendments. The UK Constitution can be amended through new statute law or new convention, for example the Fixed
AO2: Term Parliament Act 2011. both Constitutions can be amended/changed, which allows them to adapt and evolve with the modern times, ensuring it remains relevant to each country.